Leeladhar Saini S/O Shri Laxman Ram Saini v. State of Rajasthan
Case brief
What is this about?
In special revision, the Rajasthan High Court granted a stay on a lower court order framing charge of culpable homicide not amounting to murder, observing the law regarding knowledge of risk and subsequent liability.
What the court decided
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Revision Petition No. 339/2021
Leeladhar Saini S/o Shri Laxman Ram Saini, R/o Dhani, Buras, Village Katilpura, Tan Pachlangi, P.s Udaipurwadi, District Jhunjhunu
----Petitioner
Versus
- State Of Rajasthan, Through Public Prosecutor
- Prakash S/o Shri Chotu Ram, R/o Dhani Chhatriya Wali, Tan Pachlangi, P.s. Udaipurwadi, District Jhunjhunu
- Ram Singh S/o Shri Jagu Ram, R/o Dhani Chhatriya Wali, Tan Pachlangi, P.s. Udaipurwadi District Jhunjhunu
- Sunil Kumar Alias Sundar S/o Shri Ganeshram, R/o Dhani Doongarwas, Tan Mavanda, P.s. Patan, District Sikar
- Smt. Anchi Devi W/o Shri Ganeshram, R/o Dhani Doongarwas, Tan Mavanda, P.s. Patan, District Sikar
- Dhani Devi W/o Shri Prakash, R/o Dhani Chhatriya Wali, Tan Pachlangi, P.s. Udaipurwadi, District Jhunjhunu
Issues for consideration
2 issues framed by the court
Whether the High Court had jurisdiction to frame charges under Section 302 IPC replacing Section 304 IPC in a case where an accused was already under trial for reduced charges.
Whether an accused could be held guilty of causing mortality by hurt under Section 302 IPC when they had knowledge of risk but no such result was intended.
Parties & counsel
- petitioner
Leeladhar Saini
- respondent
State Of Rajasthan
- respondent
Prakash
- respondent
Ram Singh
- respondent
Sunil Kumar
- respondent
Case details
As recorded by the court registry
- Court
- Rajasthan HC
- Decided on
- · November
- Registered
- Case no.
- CRLR/339/2021
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